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**WON** Arrow(Restons) Credit Card Claim - think statute barred

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  • #46
    Re: Arrow(Restons) Credit Card Claim - think statute barred

    This will be the witness statement to go with N244 and Order
    --
    IN THE NORTHAMPTON COUNTY COURT

    Claim No.xxxxxxx

    BETWEEN:
    ARROW GLOBAL LTD
    Claimant
    - and –

    SIMON xx
    Defendant
    _______________________________
    Witness Statement
    _________________________________

    I SIMON xx of xxxxxxxxxxbeing the Defendant in this case will state as follows;

    1. I make this Witness Statement in support of the application for an order that the Claimant do provide copies of documents pursuant to CPR 31.14.

    2: CPR rule 31.14 states

    (1) A party may inspect a document mentioned in –
    (a) a statement of case;
    (b) a witness statement;
    (c) a witness summary; or
    (d) an affidavit

    The Defendant is therefore entitled to inspect copies of the CONTRACT /Credit Agreement, and the notice of assignment, as well as the formal demand, statement of account, as well as any other documentation the Claimant intends to rely on.

    3. On 16/08/2016 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A] I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5., as a defence could not be filed until the requested disclosure had been received from Claimant

    4. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.

    5. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form, and in fact refused to do so in writing.

    7. On 22 /8/16, I contacted the Claimants a second time and repeated my request for copies of documents pursuant to CPR 31.14.[EXHIBIT B] I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

    8. The Claimant has mentioned a contract, and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

    9. I refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)

    “The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

    10. I also refer to the ruling of the Court of Appeal in Mitchell v News Group Newspaper [2013] EWCA Civ 1537 where the court set down clear guidance that the rules must be complied with (see para 41). This application could have been avoided had the Claimant complied with its duties under the CPR.

    11. The Claimants pleaded case is that the Defendant entered into an agreement with Sainsburys Bank PLC under account reference 5286849130589165. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Sainsburys Bank PLC in the past however this was over 6 years ago, and have little reference to these matters. Therefore it is essential that I have sight of the contract and/or agreement relied upon by the Claimant to be able to accurately identify to what the claim refers. Notwithstanding this, I am unable to consider whether such agreement complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided.

    10. Furthermore the Claimants fail to mention a Default Notice, which must be issued correctly subject to Consumer Credit Act 1974. I am unable to consider whether such Default Notice(if indeed ever issued) complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided. The Act sets out clear form and content requirement, which, if not complied with, render the Claimant unable to enforce the agreement as per HHJ Chambers QC in Harrison v Link Financial Ltd [2011]

    12. I therefore ask that the Court grants an extension of time to file my Defence and orders the Claimant to provide copies of the documents mentioned in its statement of case. I would also ask the Court to order the Claimants pay the costs of this application, and applicants fees of £65, which could have been avoided had the Claimants complied with CPR initially, which any legally trained representation should of done.

    13. If any hearing is required/requested, then I request it be at Newcastle County Court, the nearest court to the Defendant


    Statement of Truth

    I, SIMON xx, the Defendant, believe the facts stated within this Witness Statement to be true.


    Signed: ________________________________

    Dated:
    "It is well that the people of the nation do not understand our banking
    and monetary system, for if they did, I believe there would be a revolution
    before tomorrow morning." -Henry Ford

    Fiat currency- the curse of modern money system

    Comment


    • #47
      Re: Arrow(Restons) Credit Card Claim - think statute barred

      You could make reference in the application, but also if you send by email to the CCBC, then the correct email address will be CCBCfees@hmcts.gsi.gov.uk mark the subject title as URGENT REQUEST - include your claim number and the parties names.

      You could also chase it up by phone and say you sent an email, it is urgent please could they see about having it put before a judge for further directions.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #48
        Re: Arrow(Restons) Credit Card Claim - think statute barred

        spot on R0b
        "It is well that the people of the nation do not understand our banking
        and monetary system, for if they did, I believe there would be a revolution
        before tomorrow morning." -Henry Ford

        Fiat currency- the curse of modern money system

        Comment


        • #49
          Re: Arrow(Restons) Credit Card Claim - think statute barred

          Just as a point to note, in your N244 application what you are requesting would be an order for specific disclosure. I would suggest referencing that so the judge can understand fully (just in case he/she doesn't) what you want.

          As for your witness statement, I do have a few suggestions to make if you havn't already sent it off.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #50
            Re: Arrow(Restons) Credit Card Claim - think statute barred

            yes please for suggestions
            not sending off until Tuesday 30th as that is when all time deadlines end
            so time yet

            thanks
            si
            "It is well that the people of the nation do not understand our banking
            and monetary system, for if they did, I believe there would be a revolution
            before tomorrow morning." -Henry Ford

            Fiat currency- the curse of modern money system

            Comment


            • #51
              Re: Arrow(Restons) Credit Card Claim - think statute barred

              Sorry for the late reply but here's my comments if you have not already sent it.

              1. In the heading section where it says 'Witness Statement' insert 'of the Defendant' so its clear who's WS it is.

              2. Its a Witness statement so change it to first person, 'I' instead of Defendant and define the Claimant as Arrow Global Ltd ("Arrow").

              3. A suggestion regarding Exhibits - If your using multiple exhibits you will have to make multiple front sheets e.g. A, B, C etc. Why not just use one Exhibit (your initials 'EX1') and refer to the pages within the exhibit numbering them at the bottom.

              4. You could slot in the overriding objective CPR 1.1 which requires both parties to cooperate with each other and further the overriding objective such as, equal footing, saving expense, dealing cases justly and proportionately etc.

              5. I would also add something in with reference to Nomura International v Granada Group plc 2007. It is an abuse of process where the Claimant brings a claim when it does not have any grounds to do so. It is prudent to spend time in investigating potential claims in advance prior to issuing claims (see para. 37):

              In my judgment, when regard is had to these authorities the key question must always be whether or not, at the time of issuing a Writ, the claimant was in a position properly to identify the essence of the tort or breach of contract complained of and if given appropriate time to marshall what it knew, to formulate Particulars of Claim. If the claimant was not in a position to do so, then the claimant could have no present intention of prosecuting proceedings, since it had no known basis for doing so. Whilst therefore the absence of present intention to prosecute proceedings is not enough to constitute an abuse of process, without the additional absence of known valid grounds for a claim, the latter carries with it, as a matter of necessity, the former. If a claimant cannot do that which is necessary to prosecute the claim by setting out the basis of it, even in a rudimentary way, a claimant has no business to issue a Claim Form at all "in the hope that something may turn up". The effect of issuing a Writ or Claim Form in such circumstances is, so the plaintiff/claimant hopes, to stop the limitation period running and thus deprive the defendant of a potential limitation defence. The plaintiff/claimant thus, unilaterally, by its own action, seeks to achieve for itself an extension of the time allowed by statute for the commencement of an action, even though it is in no position properly to formulate a claim against the relevant defendant. That must, in my judgment, be an abuse of process and one for which there can be no remedy save that of striking out the proceedings so as to deprive the claimant of its putative advantage. The illegitimate benefit hopefully achieved can only be nullified by this means. Whatever powers may be available to the court for other abuses, if this is an abuse, there is only one suitable sanction
              To that effect, you should add to your draft order that unless the Claimant provides the following documents below within 14 days, the Claim shall be struck out. and then list the documents below
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment


              • #52
                Re: Arrow(Restons) Credit Card Claim - think statute barred

                Hi Rob

                Thanks for suggestions- just in time as emailed N244 Application today - my Order states give docs in 7 days - they have already had x2 lots of 7 days- CPR allows 7 days only - so they had double that already.

                hopefully anyone with similar issues- as there seems to be many- can follow this thread to see the process and outcome
                FYI - on N244 i put 'without a hearing' as that is whole point of this application - to avoid a strike out without going to court - therefore fee is £100 not £255- so that helps a bit - but should get that back eventually off claimant regardless of result.

                I now wait for directions or the order i sent in to be enforced by DDJ- time is 2-3 weeks but no action can be taken by claimant now Application has been filed.

                Will update any progress and/or results as they happen

                Just a FYI- this is almost identical to process i used in 2014 against Lowells and they failed to follow the order and case was struck out and i got costs- have tweaked it a little (as per suggestions from members on this thread)

                Si
                "It is well that the people of the nation do not understand our banking
                and monetary system, for if they did, I believe there would be a revolution
                before tomorrow morning." -Henry Ford

                Fiat currency- the curse of modern money system

                Comment


                • #53
                  Re: Arrow(Restons) Credit Card Claim - think statute barred

                  Hi
                  UPDATE - WIN WIN WIN
                  Seems Defendant wins, as Claimants claim STRUCK OUT! - Get in

                  Since my application to provide the docs(30 Aug 2016)- CPR31.14 etc(see previous posts) and Order (which gave Claimant 28 days to provide them- the Claimant made a further application (N244) basic waffle about we didn't follow process or follow CPR etc - but on phoning court their application wasn't accepted as wrong fee !?- not sure what they did wrong, but who cares!
                  so basically our ORDER stands and their claim is struck out.......... Yippee

                  SO QUESTION NOW IS THIS:
                  The ORDER we had stated on point 4
                  THE CLAIMANT DO PAY DEFENDANTS COSTS OF THIS APPLICATION TO BE ASSESSED IF NOT AGREED

                  So how do i get my application fee back- £100 (not £255) as well as sundry costs which i put as £65 in my Application?
                  do i just write a letter/notice to Claimant- Arrrow or Restons requesting as per the Order they pay £100 +£65, or do i need something else off court?
                  I have asked the court staff but they said never had that question and don't know, and usual stuff of can't give legal advice etc etc
                  any legal beagles on here know how i get my costs back now i have WON?
                  Please note the process used- i never put a Defence in- just asked for the evidence(CPR31.14 and CCA request), and then made Application forcing the creditor to provide them or get struck out- which it has.

                  As a further note for everyone having same unsupported claims from claimants as i have as shown on this thread(esp Arrows & Restons) please do as i did- get an application in (will cost £100, not £255, if you do as without a hearing) - then you won't even have to put a defence in.

                  Hope that helps

                  I feel good
                  "It is well that the people of the nation do not understand our banking
                  and monetary system, for if they did, I believe there would be a revolution
                  before tomorrow morning." -Henry Ford

                  Fiat currency- the curse of modern money system

                  Comment


                  • #54
                    Re: Arrow(Restons) Credit Card Claim - WIN Claimant Claim struck out - No Defence req

                    win with no defence
                    please all who have similar claims please follow this process as shown many times on this forum

                    Best to all defendants against the DCA's
                    "It is well that the people of the nation do not understand our banking
                    and monetary system, for if they did, I believe there would be a revolution
                    before tomorrow morning." -Henry Ford

                    Fiat currency- the curse of modern money system

                    Comment


                    • #55
                      Re: Arrow(Restons) Credit Card Claim - think statute barred

                      Originally posted by time2burn View Post
                      Hi
                      UPDATE - WIN WIN WIN
                      Seems Defendant wins, as Claimants claim STRUCK OUT! - Get in

                      Since my application to provide the docs(30 Aug 2016)- CPR31.14 etc(see previous posts) and Order (which gave Claimant 28 days to provide them- the Claimant made a further application (N244) basic waffle about we didn't follow process or follow CPR etc - but on phoning court their application wasn't accepted as wrong fee !?- not sure what they did wrong, but who cares!
                      so basically our ORDER stands and their claim is struck out.......... Yippee

                      SO QUESTION NOW IS THIS:
                      The ORDER we had stated on point 4
                      THE CLAIMANT DO PAY DEFENDANTS COSTS OF THIS APPLICATION TO BE ASSESSED IF NOT AGREED

                      So how do i get my application fee back- £100 (not £255) as well as sundry costs which i put as £65 in my Application?
                      do i just write a letter/notice to Claimant- Arrrow or Restons requesting as per the Order they pay £100 +£65, or do i need something else off court?
                      I have asked the court staff but they said never had that question and don't know, and usual stuff of can't give legal advice etc etc
                      any legal beagles on here know how i get my costs back now i have WON?
                      Please note the process used- i never put a Defence in- just asked for the evidence(CPR31.14 and CCA request), and then made Application forcing the creditor to provide them or get struck out- which it has.

                      As a further note for everyone having same unsupported claims from claimants as i have as shown on this thread(esp Arrows & Restons) please do as i did- get an application in (will cost £100, not £255, if you do as without a hearing) - then you won't even have to put a defence in.

                      Hope that helps

                      I feel good
                      Well Done!!!

                      That's a good result!!

                      Write to the solicitor ( politely ) Itemising the costs of the application requiring payment forthwith.

                      nem

                      Comment


                      • #56
                        Re: Arrow(Restons) Credit Card Claim - think statute barred

                        Well done!

                        I'll give [MENTION=49370]Kati[/MENTION] a nudge to see if she can update the header.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #57
                          Re: **WON** Arrow(Restons) Credit Card Claim - think statute barred

                          First of all very well done on having the claim struck out. Could you perhaps give us more details on the time since you submitted the application for disclosure? Was the application made and then the court made an unless order based on the draft one you submitted, then the Claimant failed to comply with the timescale? Did the Claimant make the application during the period of the Order or after the order to disclose expire? It would be helpful if you can recall what sort of application they were making or upload the documentation if possible.

                          Whilst you have a win out of this, I still think it is risky business making an application and not filing a defence in the meantime as the application does not prevent the Claimant from obtaining default judgment if a defence has not been raised. It is normally prudent to file a defence and make an application at the same time to cover your back in the event the court does not side with your or you don't get what you need.

                          On this occasion it has gone in your favour but I wouldn't expect it to be that way all the time. If I was the Claimant, depending on the reasons for the strike out I would consider the possibility of appealing and at the same time applying for default judgment, because if the strike out is set aside, it paves the way for default judgment due to no defence being filed - something perhaps to be aware of in future disputes.

                          Well done nonetheless though
                          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                          LEGAL DISCLAIMER
                          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                          Comment


                          • #58
                            Re: **WON** Arrow(Restons) Credit Card Claim - think statute barred

                            Originally posted by R0b View Post
                            First of all very well done on having the claim struck out. Could you perhaps give us more details on the time since you submitted the application for disclosure? Was the application made and then the court made an unless order based on the draft one you submitted, then the Claimant failed to comply with the timescale? Did the Claimant make the application during the period of the Order or after the order to disclose expire? It would be helpful if you can recall what sort of application they were making or upload the documentation if possible.

                            Whilst you have a win out of this, I still think it is risky business making an application and not filing a defence in the meantime as the application does not prevent the Claimant from obtaining default judgment if a defence has not been raised. It is normally prudent to file a defence and make an application at the same time to cover your back in the event the court does not side with your or you don't get what you need.

                            On this occasion it has gone in your favour but I wouldn't expect it to be that way all the time. If I was the Claimant, depending on the reasons for the strike out I would consider the possibility of appealing and at the same time applying for default judgment, because if the strike out is set aside, it paves the way for default judgment due to no defence being filed - something perhaps to be aware of in future disputes.

                            Well done nonetheless though
                            Hi
                            submitted application 30/8/16
                            order from court 12/9/16
                            we asked for 7 days but judge changed it to 28 days(which is far too long per CPR!)
                            so time for the UNLESS order ran out about 10 Oct
                            in the mean time Claimant put application in(far too much waffle to write down- but basically wanting to set aside my application on 4 points)

                            as for filing a defence- once an application to set aside their claim has been filed no further action can be taken by claimant UNTIL application has been seen and acted upon- therefore no need to file defence as you state- i have checked this point more than once- the claim is on hold, and application now has 1st position in queue as it were to be seen. So if they fail to provide requested discovery then no action can be taken by claimant . So no default judgement can be gained. Just to add to this point 3 in MY order was if claimant DID provide discovery as per CPR31.14 then i was given an extra 42 days to file a defence(i put 21 days but DDJ put 42- so giving plenty of time)

                            I suppose they can appeal, but to this date i have received NOTHING from them in terms of evidence, paperwork, contract etc etc- just claims you owe us money!
                            so as far as i can see why would they appeal- esp since it def. over 6 years now, which would now be my next line of defence

                            Thanks for all your help, and i hope this thread will be of help to future people trying to find solutions

                            Regards
                            "It is well that the people of the nation do not understand our banking
                            and monetary system, for if they did, I believe there would be a revolution
                            before tomorrow morning." -Henry Ford

                            Fiat currency- the curse of modern money system

                            Comment

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